Telecoms

Question 1

What is the PSTI Act?

Answer 1

Became law December 2022
- Operators are now obligated to consider Alternative Dispute Resolution (ADR) before they can apply to a court
- Existing leases that are under the 1954 Landlord and Tenant Act no longer benefit from a valuation upon renewal under S.34 of the Act and must be dealt with by paragraph 24 of the Code instead

Question 2

Aims of the Code?

Answer 2

Enable UK to have leading wireless infrastructure network
No network rent

Question 3

When did it become law?

Answer 3

28 December 2017

Question 4

Paragraph 3?

Answer 4

Code Rights

Question 5

Paragraph 17?

Answer 5

Right to share and upgrade

Question 6

Paragraph 20

Answer 6

28 days notice to agree terms or application to court will be made

Question 7

Paragraph 21

Answer 7

Test to be applied by court
- Prejudice caused can be adequately compensated by money

• Public benefit outweighs prejudice to occupier, “in access to high quality electronic communications”

Question 8

Paragraph 24

Answer 8

Valuation

Question 9

Paragraph 31

Answer 9

Site provider can end agreement for following reasons

1. Substantial breaches of code by Code operator
2. Persistent delay in rent
3. Redevelopment
   4.P.21 is no longer satisfied (Compensation vs public benefit)

Question 10

Paragraph 33

Answer 10

6 months notice to agree to terms

Question 11

Paragraph 84

Answer 11

What compensation can include
- Expenses including legal and valuation
- Dimunition in value of land
- Cost of reinstatement